CSG Jus(ce Center Massachuse2s Criminal Jus(ce Review

CSG Jus(ce Center Massachuse2s Criminal Jus(ce Review Working Group Mee.ng 1: review of jus.ce reinvestment process and proposed scope of work January 12, 2016 The Council of State Governments Jus(ce Center Steve Allen, Senior Policy Advisor, Behavioral Health Ka=e Mosehauer, Project Manager Monica Peters, Research Manager Cassondra Warney, Policy Analyst David Sisk, Policy Analyst

The Council of State Governments Jus=ce Center Na=onal nonprofit, nonpar=san membership associa=on of state government officials Engages members of all three branches of state government Jus=ce Center provides prac=cal, nonpar=san advice informed by the best available evidence Council of State Governments Jus=ce Center 2

Jus=ce reinvestment goals A data-driven approach to reduce correc1ons spending and reinvest savings in strategies that can decrease recidivism and increase public safety The Jus=ce Reinvestment Ini=a=ve is supported by funding from the U.S. Department of Jus=ce s Bureau of Jus(ce Assistance (BJA) and The Pew Charitable Trusts Council of State Governments Jus=ce Center 3

MassachuseVs is the 24 th state to use the jus=ce reinvestment approach with CSG Jus=ce Center assistance Past states Current states (Phase I or II) WA NV ID MT NE KS WI IN MI OH WV VT PA NH MA RI CT AZ OK AR NC TX AL HI Council of State Governments Jus=ce Center 4

States have reinvested in different public safety strategies STATE FINDING REINVESTMENT Substance use needs contribu=ng to proba=on and parole viola=ons Reinvest $2.5 million in substance use treatment focused on higherrisk proba=oners and parolees with higher needs Vic=ms lack confidence that res=tu=on orders will be managed effec=vely Increase, by statute, prison-based res=tu=on collec=ons, reinvest in 15 vic=m service posi=ons, and track collec=ons using a database Despite substan=al community correc=on program investment, proba=on failures account for close to one-third of prison admissions Reinvest $10 million in funding for improving proba=on, including performance-incen=ve grants Council of State Governments Jus=ce Center 5

State leaders requested assistance to build on past efforts and con=nue to improve criminal jus=ce outcomes Support from 3 branches of government to seek criminal jus.ce system improvements through a data-driven approach Council of State Governments Jus=ce Center 6

Jus=ce reinvestment focuses on improving core correc=onal elements and involves intensive stakeholder engagement The Jus=ce Reinvestment Process PHASE I Working group forma=on / presenta=ons Data analysis Stakeholder engagement Sentencing policy analysis Policy development Modeling of policy impact PHASE II Implementa=on oversight structure & planning Transla=ng projec=ons into metrics Training strategies Communica=on plan Subaward plan development and tracking State monitoring of key metrics Improvement of Core Correc=onal Elements: RISK ASSESSMENT, PROGRAMS, SUPERVISION System-wide assessment & analysis On-site observa=on of current prac=ce Char=ng of current vs. ideal prac=ce Rollout of op=ons for improvement connected to policy framework Administra=ve policy review & redesign Retraining, revalida=on, QA processes Troubleshoo=ng the change process Suppor=ng leaders and oversight of the process Focus on Subject MaVer Areas Prosecutor engagement Vic=m advocates & service providers Parole board members Law enforcement Sentencing policies & case law Behavioral health state officials and providers Council of State Governments Jus=ce Center 7

Jus=ce Reinvestment and Results First are separate complementary projects JUSTICE REINVESTMENT (Council of State Governments) Commonali(es Results First (The Pew Charitable Trusts) POLICY AREA Adult criminal jus=ce policy Data-driven CJ system improvements Mul=ple policy areas: criminal/ juvenile jus=ce, educa=on, etc. GOAL Develop, implement datadriven policy framework Improve public safety and reduce cost Inform budget and policy process FOCUS Drivers of crime, recidivism, and correc=onal popula=ons Cross-system collabora=on Evidence of programs effec=veness COST SAVINGS Reinvest cost savings in public safety strategies Increased effec=veness of state spending Reallocate to other budget priori=es DURATION Phase I (1 year), Phase II (2-3 years), ongoing monitoring Sustainable impacts Ongoing Council of State Governments Jus=ce Center 8

Roles and responsibili=es during the CSG Jus=ce Center- MassachuseVs Criminal Jus=ce Review Steering Commi2ee Endorses project scope of work Provides strategic direc=on in the development of policy op=ons Approves policy package Iden=fy state leaders priori=es for reinvestment Create momentum for adop=on of jus=ce reinvestment policy Develop and implement a datadriven policy framework Provides technical exper=se on system dynamics and structures Interpret data and assess full system trends Assess areas for policy development Working Group Serves as dedicated staff to the state CSG Jus(ce Center Analyzes data and engages stakeholders Delivers presenta=ons Council of State Governments Jus=ce Center 9

CSG Jus=ce Center and state/local agencies and offices are entering into data-sharing agreements Data Type Source Status Sentencing MassachuseVs Trial Courts Received, analyzing Prison MassachuseVs Department of Correc=on Received, analyzing Proba=on supervision MassachuseVs Office of the Commissioner of Proba=on Received, analyzing Parole supervision MassachuseVs Parole Board Received, analyzing Parole decision-making MassachuseVs Parole Board Delivery pending HOC and Jail Coun=es / MassachuseVs Parole Board (HOC) Received, analyzing Middlesex County; Addi=onal scoping underway Behavioral Health Data Department of Mental Health Scoping underway Roadblocks that some(mes arise Agencies unaccustomed to sharing data with outside groups Data is insufficient for analysis Shortage of data staff Delays in delivery due to data cleaning Council of State Governments Jus=ce Center 10

Today s analyses are largely based on published reports, and future presenta=ons will include case-level analysis Ø This presenta=on aims to capture a snapshot of system trends in MassachuseVs leading up to the jus=ce reinvestment project Ø While all future presenta=ons will include original data analysis performed by the Jus=ce Center, this presenta=on relies on publicly available system data Ø All data sources are listed in slide footnotes Council of State Governments Jus=ce Center 11

Presenta=on Overview Incarcera(on Recidivism Supervision Council of State Governments Jus=ce Center 12

Defini=on of terms for this presenta=on County Jail Operated by county sheriffs, these facili=es house people who are awai=ng trial or arraignment, or are being held for an alleged proba=on supervision viola=on.* Both of these popula=ons are held in custody un=l they are released on their own recognizance, are able to post bail, or un=l their cases are disposed. Total Jail Popula(on Single day count of individuals housed in a county jail, regardless of case status or county of jurisdic=on. House of Correc(on (HOC) Operated by county sheriffs, these facili=es house people who have been sentenced to a period of confinement for a misdemeanor or felony offense by either a district or superior court. A sentence to HOC must be no more than 30 months. These facili=es primarily house individuals serving a county sentence, but may also include those serving a state or federal sentence. Department of Correc(on (DOC) Operated by the state, these facili=es primarily house people who have been sentenced to a period of confinement for a felony offense by the superior court. A sentence to DOC must be at least one year. These facili=es may also house individuals awai=ng trial or a hearing for an alleged supervision viola=on. In addi=on, the DOC also oversees facili=es providing interven=ons for people who are civilly commived as mentally ill, substance abusing, or Sexually Dangerous Persons. Department of Correc(on Sentenced Popula(on Single day count of individuals who have been criminally sentenced to a term of confinement and are housed in a Department of Correc=on facility. This primarily includes individuals serving a state sentence, but may also include those serving a county or federal sentence. Incarcerated Popula(on Single day count of individuals housed in county jails, HOCs, and DOC for a criminal maver. *Parole violators are returned to the HOC/DOC facility to which they were originally sentenced. Council of State Governments Jus=ce Center 13

Front-end criminal jus=ce system pressures are declining, par=cularly since 2008 200,000 181,371 200,000 151,666 150,000 100,000 50,000 Total Index Crime Down 10% 150,000 100,000 50,000 112,437 Arrests* Up 12% (Down 16% since 2008) 125,708 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Arrest data is suscep.ble to gaps in repor.ng 250,000 200,000 150,000 100,000 50,000 216,047 Criminal Case Filings Down 10% 194,869 60,000 40,000 20,000 56,286 Convic=ons Down 31% 39,049 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 For crime, arrests, and criminal case filings, 2014 was the latest year of data available. For convic.ons, 2013 was the latest year available. Source: FBI, Crime in the US; MassachuseVs Office of the Trial Courts; MassachuseVs Annual Survey of Sentencing Prac=ces. Council of State Governments Jus=ce Center 14

The incarcerated popula=on is divided approximately in half between state and county facili=es Incarcerated Popula=ons in MassachuseVs, January 1, 2015 Serving a sentence in a House of Correc=on (county facility) 27% HOC Sentenced Popula=on 27% Awai=ng Trial or Hearing Awai=ng trial or awai=ng proba=on viola=on hearing in a county jail or DOC facility Serving a sentence in a Department of Correc=on (state facility) 46% DOC Sentenced Popula=on *DOC popula.on includes only criminal sentences and includes a small number of people sentenced to a HOC who are serving.me in DOC. Source: MassachuseVs Department of Correc=on Weekly Count Sheets: hvp://www.mass.gov/eopss/law-enforce-and-cj/prisons/rsch-data/weekly-count-sheets.html; MDOC, Prison Popula.on Trends 2014. Council of State Governments Jus=ce Center 15

A sharp drop in the HOC popula=on drove a reduc=on in the total number of people incarcerated Incarcera=on Trends, 2006 2015 30,000 25,000 23,220 20,000 Total Incarcerated Popula(on 20,325 TOTAL: -12% 15,000 10,000 5,000 0 9,072 9,337 8,433 DOC (sentenced) HOC (sentenced) County Jail 5,488 5,125 4,927 DOC (pretrial) 590 573 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 PRISON: HOC: JAIL: DOC PRETRIAL: + 3% -35% -4% -3% Source: MassachuseVs Department of Correc=on Weekly Count Sheets: hvp://www.mass.gov/eopss/law-enforce-and-cj/prisons/rsch-data/weekly-count-sheets.html; MDOC, Prison Popula.on Trends 2014. Council of State Governments Jus=ce Center 16

The total jail popula=on inched downward, but there is considerable varia=on in trends across the jails Percent Change in Total Jail Popula=on by County, January 2009 2015 40% 20% 25% 16% 35% 12% The number of people held in a county jail can be par=cularly vola=le and can be affected by factors apart from crime and arrests, such as: 0% -20% -1% -2% -13% -17% -8% -13% -4% Changes in the county s resident popula=on Contrac=ng out jail beds or holding detained individuals from neighboring coun=es -40% Court-mandated popula=on caps -45% -60% -52% Jails with a decreasing popula=on s=ll may be opera=ng at or over capacity and experiencing budget and capacity pressure. *Total jail popula.on, including detainees held from other coun.es. 2009 was the earliest available date for a breakdown by county. Dukes County not included due to small popula.on. Source: MassachuseVs Department of Correc=on, Weekly Count Sheets, January 2009 and January 2015. Council of State Governments Jus=ce Center 17

Ater a substan=al state prison popula=on increase, numbers returned approximately to 2006 levels MassachuseVs DOC Criminally Sentenced Custody Popula=on January 1, 2006 2015 12,000 10,000 9,072 10,251 9,337 8,000 6,000 2006-2012 +13% 2012-2015 -9% 4,000 2,000 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Number of Court/Crime Lab Releases* *As reported by the Department of Correc.on **Data not available Source: MassachuseVs Department of Correc=on Prison Popula=on Trends, 2014. 77 168 89 337 134 74 Council of State Governments Jus=ce Center 18 ** 545 people released from DOC between 2012 and 2014 due to court or crime lab releases

Arrests and convic=ons for drug offenses fell by half Arrests Percent change 2008-2014 Convic(ons Percent change 2008-2013* 10% Drug Non-Drug Drug Non-Drug 5% 0% -5% -10% -11% -15% -20% -20% -25% -30% -35% -40% -45% -50% -47% -49% *2014 data not currently available Source: FBI, Crime in the US; MassachuseVs Office of the Trial Courts; MassachuseVs Annual Survey of Sentencing Prac=ces. Council of State Governments Jus=ce Center 19

The number of people in state prison for drug offenses dropped 44%, while other offense categories remained stable or increased DOC Criminally Sentenced Jurisdic=on Popula=on by Governing Offense, January 1, 2010 2015 9,000 8,000 7,000 7,688 Non-Drug Offenses +7% 8,238 % Change 2010 2015 N 2015 6,000 Person + 9% 5,197 5,000 Sex 0% 1,352 4,000 Property + 2% 865 3,000 2,571 Other* + 14% 824 2,000 1,000 Drug Offenses -44% 1,432 Total Non-Drug 8,238 0 2010 2011 2012 2013 2014 2015 * Other offenses include obstruc.on, habitual offender, pros.tu.on, and certain weapons possessions. Source: MassachuseVs Department of Correc=on Prison Popula=on Trends, 2009-2014. Council of State Governments Jus=ce Center 20

The demographic composi=on of the state prison popula=on is rela=vely sta=c DOC Criminally Sentenced Jurisdic=on Popula=on Jan 1, 2011 Jan 1, 2015 Percent of the State Prison Popula(on Demographics 2011 2012 2013 2014 2015 Under 29 26% 26% 24% 24% 23% Age 30-39 30% 30% 30% 30% 30% 40-49 25% 25% 25% 24% 24% Over 50 19% 19% 21% 22% 23% White 41% 41% 42% 43% 43% Race Black 28% 28% 28% 28% 28% Hispanic 28% 28% 27% 26% 26% Other 3% 3% 3% 3% 3% Gender Male 94% 95% 95% 95% 95% Female 6% 5% 5% 5% 5% -3% +4% Source: MassachuseVs Department of Correc=ons Prison Popula=on Trends, 2009-2014. Council of State Governments Jus=ce Center 21

There are differences between the demographic composi=on of the resident and state prison popula=ons Demographic Composi=on of Resident and State Prison Popula=ons, 2014 2014 Resident Popula(on 80% 75% Resident popula=on 70% 60% State prison popula=on 52% Female 48% Male 50% 40% 30% 43% 28% 26% 2014 State Prison Popula(on 5% Female 20% 10% 0% 6% 10% **Race/ethnicity is self-reported by inmate at.me of admission. Other categories include Asian, Na.ve American, Pacific Islander, and Other. Resident popula.on includes data reported by the U.S. Census. Hispanic includes any race while all other categories include that race alone. Source: U.S. Census 2010-2014 American Community Survey 5-Year Es=mates, hvp://facwinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=cf. 9% White Black Hispanic Other *Demographic informa.on is currently only publicly available for the DOC criminally sentenced popula.on represen.ng approximately 11% of the total number of individuals in the criminal jus.ce system. 3% 95% Male Council of State Governments Jus=ce Center 22

State leaders are interested in learning more about the behavioral health needs of jus=ce system-involved individuals Ini=al ques=ons to approach a behavioral health systems analysis How common are behavioral health issues at different points in the system? What types of behavioral health needs exist in criminal jus(ce popula(ons? What interven(ons exist to respond to these needs and who do they serve? LE call for service Serious mental illness Treatment access Diversion programs Alcohol use Health care coverage Courts Drug use Tailored interven=ons Supervision Co-occurring disorders Appropriate levels of care Jail, HOC, prison Relapse preven=on Council of State Governments Jus=ce Center 23

Informa=on on the sizable diversion popula=ons will also be pursued in case-level analysis LAW ENFORCEMENT ASSISTED DIVERSION CWOFs (con1nue without a finding) DA DIVERSION PROGRAMS SPECIALTY COURTS (Drug Court, Mental Health Court, Veterans Court, Homeless Court) PROBATION (Pretrial proba1on, pretrial condi1ons of release) YOUTHFUL DIVERSION PROGRAM *This is not a comprehensive list of pre-disposi.on, post-disposi.on, or other diversion or deferred adjudica.on programs in MassachuseZs. Council of State Governments Jus=ce Center 24

Key ques=ons in ini=al incarcera=on analysis What are the demographic and criminogenic characteris(cs of individuals incarcerated in MassachuseVs? What types of admissions are driving incarcera(on rates supervision viola=ons, the commission of new crimes, or recidivism? What diversion op(ons or pretrial services are available to individuals with behavioral health needs? Are those strategies impac=ng incarcera=on rates? How has length of stay changed over =me? How is length of sentences impac=ng incarcera=on rates? How are post-convic(on release decisions and reentry plans, including addressing behavioral health needs in the community, impac=ng incarcera=on rates in the state? Are there systemic factors affec=ng classifica(on decisions and contribu=ng to delays that impede reentry transi(on planning? Council of State Governments Jus=ce Center 25

Policies and data to explore in ini=al incarcera=on analysis POLICIES TO EXPLORE Availability of diversion op=ons Bail and pretrial release decision-making U=liza=on and eligibility requirements of pretrial supervision Sentencing op=ons and alterna=ves to incarcera=on Prison/HOC release process Access and availability to behavioral health DATA TO ANALYZE Jail bookings and ini=al release decisions Pretrial deten=on and supervision popula=ons Police, prosecutor, and court diversions and corresponding outcomes Jail and HOC popula=on trends and characteris=cs Sentencing prac=ces Prison admissions, releases, and popula=on characteris=cs Council of State Governments Jus=ce Center 26

Presenta=on Overview Incarcera(on Recidivism Supervision Council of State Governments Jus=ce Center 27

Recidivism can add significant pressure to correc=onal systems FORMS OF RECIDIVISM NEW ADMISSIONS ARREST JAIL CONVICTION HOC/PRISON RELEASE INCREASING PRESSURES ON THE SYSTEM Council of State Governments Jus=ce Center 28

Measuring recidivism at mul=ple points in the system and over different =meframes provides valuable informa=on to guide interven=ons Proba=on Arrest/ Arraignment Pretrial Disposi=on Incarcera=on Release Who is recidiva(ng? How? When? Pretrial popula=ons Proba=oners Parolees Former HOC inmates Former DOC inmates Rearrest Technical viola=on of supervision Revoca=on of supervision Reconvic=on Reincarcera=on One year Two years Three years Council of State Governments Jus=ce Center 29

In MassachuseVs, few recidivism measures are rou=nely calculated and reported Type of New System Interac(on Rearrest/ arraignment Supervision Viola(on Reincarcerated Reconvic(on Pretrial? Informa=on? not reported?? Popula(on Proba(on Houses of Correc(on Department of Correc(on Parole? Tracked internally??????? Some individual coun=es tracking and repor=ng, but no regular statewide tracking or repor=ng Informa=on not reported? Rearrest only reported if it results in a return to incarcera=on Reported annually in a published report??? Reported annually in a published report Informa=on not reported Previously reported, not as of 2008 Reconvic=on only reported if it results in a return to incarcera=on???? *Does not include MA s recent involvement in the Results First Ini=a=ve, which produced reconvic=on rates for HOC, DOC, proba=on, and parole popula=ons Council of State Governments Jus=ce Center 30

State prison recidivism rates have hovered around 40% in the last decade with a recent decline 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% MassachuseVs DOC Three-Year Recidivism Rate (Reincarcera=on), 2004 2011 43% 44% 41% 43% 39% 41% 39% 35% 2004 2005 2006 2007 2008 2009 2010 2011 Source: MassachuseVs Department of Correc=on Popula=on Trends 2013, MassachuseVs Department of Correc=on Popula=on Trends 2014. State prison recidivism represents a small por=on of individuals involved with the criminal jus=ce system. 90,000 people with some form of correc=onal control DOC popula=on represents 11% of individuals involved with the criminal jus=ce system In 2011, 806 people returned to incarcera=on Each year represents a cohort of individuals tracked for the following three years. Recidivists are defined as those criminally sentenced and released to the street from a DOC facility and reincarcerated for a new sentence or viola.on or parole or proba.on to a MassachuseZs state or county facility or to a federal facility within three years of his/her release. Council of State Governments Jus=ce Center 31

Risk assessment tools use key factors to predict the likelihood of recidivism LS/CMI Risk Assessment Scores for Parolees in the Community, 2013 Domains typically included in risk assessments 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 44% 31% 18% 5% 2% Very Low Low Medium High Very High Criminal history Criminal aztudes and behavioral paverns Educa=on and employment Family and rela=onship problems Substance use Peer associa=ons In 2013, the Parole Board adopted a risk/needs assessment instrument, the LS/CMI, for parole hearings and the supervision popula=on. Source: MassachuseVs Parole Board, Annual Report 2013. Council of State Governments Jus=ce Center 32

Key ques=ons in ini=al recidivism analysis What measures of recidivism should be defined and promulgated in MassachuseVs? Who is recidiva(ng? How has recidivism changed over =me? How are behavioral health challenges impac=ng recidivism, and what programs are currently making an impact on recidivism rates? How are risk and needs assessments being used throughout the system to drive evidence-based interven=on strategies to achieve recidivism reduc=on goals? How are reentry plans and programs impac=ng recidivism rates? Council of State Governments Jus=ce Center 33

Policies and data to explore in ini=al recidivism analysis POLICIES TO EXPLORE Defini=on of recidivism Performance measurement in tracking outcomes Incen=ve-based programming Recidivism reduc=on goals Use of risk assessment at key decision points Applica=on of risk and needs informa=on DATA TO ANALYZE Impact of recidivism on prison, HOC, and jail admissions Recidivism rates across the system (prison/hoc releases, proba=oners, pretrial defendants) Outcomes for reentry popula=ons by supervision status Propor=on of proba=oners and HOC popula=on admived to prison Council of State Governments Jus=ce Center 34

Presenta=on Overview Incarcera(on Recidivism Supervision Council of State Governments Jus=ce Center 35

Over 70,000 people are on proba=on or parole, supervised across mul=ple phases in the system PRETRIAL SENTENCED POST-RELEASE Pretrial Proba(on From & Aner Proba(on Pretrial Condi(on of Release Proba(on/Community Correc(ons Sentence Parole Following Incarcera(on Release Council of State Governments Jus=ce Center 36

Community supervision serves over 3/4 of the total criminal jus=ce popula=on Parole Board 1,949 Proba(on 67,622 2014 End-of-Year Criminal Jus=ce Popula=on 2% 89,896 75% DISTRIBUTION OF ALL SUPERVISED INDIVIDUALS 69,571 3% 1,949 26% 18,513 17% 11,832 Parole Risk-Need Proba(on (Includes Community Correc(ons) OUI Sheriff s Departments HOC and Jails 10,415 39% 26,912 Administra(ve Department of Correc(ons Criminally Sentenced and pretrial 9,910 12% 11% 15% 10,365 Pretrial Supervision (Includes pretrial proba(on and condi(ons of release) *Popula=on in DOC, HOC, jail as of January 1, 2015. Proba=on and parole caseloads as of December 31, 2014. Source: MDOC, Prison Popula=on Trends 2013, Weekly Count Sheets; MassachuseVs Parole Board, Annual Report 2013; Personal Communica=on, Office of Commissioner of Proba=on, 2015. Council of State Governments Jus=ce Center 37

Proba=on has consistently been relied upon for post-release supervision, significantly more so in recent years 1,200 DOC Popula=on Released to Supervision, 2004 2015 Individuals sentenced to DOC may receive a period of post-release proba=on through a sentencing structure called a from & ater. To be eligible for a from & ater sentence, an individual must be convicted of two or more charges.* 1,000 Proba(on 800 830 Sentences to State Prison, FY2013** 600 566 400 535 Parole 440 No From & Aner Sentence From & Aner Sentence 200 52% 48% 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 *Individuals sentenced to HOC can also be sentenced to a period of proba.on a]er release through a from & a]er sentence as described above or a split sentence, which allows a mix of incarcera.on and post-release proba.on to be sentenced on one convic.on. Only DOC informa.on is included in this graphic. **2013 is the most recent year for which sentencing data is publicly available. Source: MassachuseVs Department of Correc=on, Prison Popula.on Trends 2009-2014; MassachuseVs Trial Court, Survey of Sentencing Prac.ces 2013. Council of State Governments Jus=ce Center 38

Two out of five people released from state prison return to the community without proba=on or parole supervision MassachuseVs DOC Criminally Sentenced Releases to the Street, 2014 N = 2,535 40% 33% 17% 10% A na=onal report found that, in 2012, only six states had higher rates of people released from prison without supervision than MA. No Supervision Proba=on Parole Both Since then, four of those states (SC, NC, OH, and OK) have enacted policies to increase rates of release to post-release supervision. Sources: MDOC, Prison Popula.on Trends 2014 (Concord: MDOC, May 2015). The Pew Charitable Trusts, Max Out: The Rise of Prison Inmates Released Without Supervision, June 2014 Council of State Governments Jus=ce Center 39

Releases from incarcera=on offer an opportunity to support successful reentry Ini=al ques=ons to approach a recidivism-focused reentry analysis EFFECTIVE SUPERVISION Do supervision officers receive training in evidence-based prac=ces? Do supervision officers focus =me and quality of interac=ons on higherrisk popula=ons? BEHAVIORAL HEALTH TREATMENT BEHAVIOR CHANGE Are there linkages to care to meet the behavioral health care needs of the higher-risk popula=ons? Are systems in place to respond to supervision viola=ons in a swit, certain, and propor=onal manner? Do treatment providers receive training in working with people with criminogenic needs? Are the most intensive responses priori=zed for more serious viola=ons and highest-risk popula=ons? More than 2,000 people are released from state prisons to the street each year In 2014, N = 2,535 RISK, NEED, RESPONSIVITY PRINCIPLES What is the risk and need profile of the reentry popula=on? Are high-quality programs available to address criminogenic needs? Are programs responsive to the learning and interac=on styles of par=cipants? Council of State Governments Jus=ce Center 40

Key ques=ons in ini=al supervision analysis Who is on community supervision in MassachuseVs? How is risk and needs assessment informa=on used in determining diversion and step down opportuni(es as well as supervision supports and services in the community? Is this risk and needs informa=on impac=ng outcomes? Are community-based programs effec=vely addressing criminal thinking? Do proba=oners and parolees have (mely access to substance use and mental health treatment that is tailored to criminogenic need? How are these programs impac=ng incarcera=on and recidivism? How does the system respond to supervision viola(ons? Do different approaches have different impacts on recidivism? What is the impact of fines and fee collec(on on the quality and scope of supervision, on the rate of viola=on, and on the risk of recidivism? Council of State Governments Jus=ce Center 41

Policies and data to explore in ini=al recidivism analysis POLICIES TO EXPLORE Community-based reentry programs and services that address criminal thinking Substance abuse and mental health treatment, tailored to criminogenic needs, available in community System responses to supervision viola=ons DATA TO ANALYZE Caseload distribu=on across risk level Parole viola=ons and revoca=ons Outcomes for reentry popula=ons by supervision status Proba=on programming and viola=on sanc=oning prac=ces Enrollment in community treatment and atercare Council of State Governments Jus=ce Center 42

Key ini=al findings Incarcera(on Recidivism Supervision MassachuseVs s incarcerated popula=ons are divided in half between county and state facili=es HOC popula=ons have driven overall decline in incarcera=on Trends in jail popula=ons differ across coun=es Few recidivism measures are rou=nely calculated and reported in MA Recidivism for prison releases has remained at around 40% Use of risk and needs assessments are fundamental to effec=ve recidivism reduc=on strategies Community supervision serves approximately 3/4 of the criminal jus=ce popula=on in MA Proba=on has consistently been relied upon for postrelease supervision from incarcera=on Two out of five prison releases are released to no supervision Council of State Governments Jus=ce Center 43

Jus=ce reinvestment will explore opportuni=es for genera=ng increased public safety with less spending Focusing Use of Incarcera(on Measuring and Reducing Recidivism Ensuring Effec(ve Supervision Prac(ces State and Local Dollars Saved Resources Reinvested Reduced Crime and Increased Public Safety Council of State Governments Jus=ce Center 44

Jus=ce reinvestment =meline Steering commizee to meet 1 2 weeks in advance of each working group mee.ng Working Group (WG) Mee(ng 1 WG Mee=ng 2 WG Mee=ng 3 WG Mee=ng 4 WG Mee=ng 5: Ini=al Policy Op=on Discussion WG Mee=ng 6: Final Policy Op=ons Discussion Final Report Released Bill Introduc(on Jan Feb Mar Apr May Jun Jul Aug Sept Oct Dec 2017 Session Data Analysis Ini=al Analysis Detailed Data Analysis Impact Analysis Policymaker and Stakeholder Engagement Stakeholder Engagement and Policymaker Briefings Policy Op=on Development Ongoing engagement Council of State Governments Jus=ce Center 45

Community supervision is likely to be the focus of the next working group mee=ng Working Group Mee=ng 2 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Dec 2017 Session To prepare for the next mee=ng, CSG Jus=ce Center staff will circulate a survey to collect informa=on on ideas and recommenda=ons for data analysis, stakeholder input, policy review, and more. Council of State Governments Jus=ce Center 46

Thank You Cassondra Warney, Policy Analyst cwarney@csg.org CSGJUSTICECENTER.ORG/SUBSCRIBE This material was prepared for the State of MassachuseVs. The presenta=on was developed by members of the Council of State Governments Jus=ce Center staff. Because presenta=ons are not subject to the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and should not be considered the official posi=on of the Jus=ce Center, the members of the Council of State Governments, or the funding agency suppor=ng the work. Council of State Governments Jus=ce Center 47